S. Whitehall Rescinds Wildwater's Permits

The legal wrangle between South Whitehall Township and Dorney Park continues to mount with the township's recent decision to rescind Wildwater Kingdom's temporary occupancy permits.

During last night's workshop session, Township Manager Chester Gilkey said the park's permits were "pulled" because Wildwater "has not lived up to its subdivision plans."

The park, he said, has not fenced the recreational area from a nearbyresidential zone, completed landscape work on a berm, turned over a well to the township or maintained a proper, lighted parking area.

In addition, a trailer is being maintained as a permanent structure at the park, Gilkey said.

Although Wildwater is closed for the season, the Eating To Win restaurant, which operates within the water park's confines, remains open. Gilkey said the restaurant has been cited four times for continuing to operate since its permit expired on Oct. 31.

Gilkey also cited "an inability to collect delinquent amusement taxes" as a major reason for a $392,000 deficit in the township's proposed 1986 budget. On earlier occasions, solicitor Blake Marles said Dorney's amusement taxes amount to about one-tenth of the budget or between $200,000 and $350,000.

Last night, he added that increased revenues from Wildwater Kingdom, interest and penalties could balloon that figure to more than $600,000.

Gilkey said the deficit could be offset by allowing the refund and facing a 3- to 4-mill tax increase or by eliminating the budget requests filed by the township commissions and departments.

"You have to keep in mind that Dorney Park is not paying the taxes," the manager cautioned the board. "The persons being admitted to the park are paying the taxes, and I don't think it's right for them (the park) to keep it."

The municipality and the park locked horns over amusement taxes in late October when Dorney filed suit in Lehigh County Court demanding South Whitehall refund more than $610,000 in taxes it claims to have over-paid since 1980.

The park has paid no taxes since April and, on tax returns filed with the township, has asked that levies due be offset from the over-payment.

South Whitehall, maintaining a "pay under protest, then talk" position, countered by rescinding operating permits for both the park and Wildwater Kingdom on Nov. 1. Several days later, the township filed action in the courts demanding an audit of books and collection of taxes.

Marles said the park cannot open without payment of taxes or a court order.

"We're not sitting back on our hands," Gilkey added.

In an unrelated matter, Harris Weinstein, a principal in Dorney Park's operation, took the board to task when it again deferred a decision on Weinstein's application to rezone a small tract near Cedar Crest and Hamilton boulevards.

Since August, Weinstein has been trying to rezone the .8392-acre tract to complement an adjoining commercial parcel, the former Big League Beer Distributor, where he plans to develop a group of exclusive boutiques.

Asking for a "common sense" explanation for the delay, Weinstein said the property was a "negative cash flow. I bought it to develop. I am willing to go through all steps to satisfy everyone I can.

"I'm a little confused as to the purpose of this whole thing," he added last night. "Is it to impede me?"

Commissioner President Charles Mackenzie contended the board could not make a decision until it could consider new developments with the Dorneyville bypass and a request for rezoning for a major supermarket proposed for a tract adjoining Weinstein's property.

Weinstein, however, charged the board was acting unfairly and said, "I will not be held hostage by South Whitehall Township because you will not move ahead."

After referring to the litigation between the park and the township, Weinstein demanded the two issues remain separate. Mackenzie dismissed the discussion, noting, "I don't like what you're saying."

The supermarket development, which was alluded to at the commissioner's Oct. 24 meeting, finally took some shape yesterday as Robert J. Dunn of Weis Markets presented a rezoning request for a portion of a 26-acre tract adjoining Weinstein's property.

Dunn, who declined to say how much land would be involved in the rezoning, how large the store would be or the number of jobs it would bring to the area, said the rear portion of the property would be subdivided and sold to a developer for residential lots.

He did explain the store would be similar to a Weis supermarket in Emmaus, would have parking for 323 vehicles and provide adequate buffering against the residential area.